What Constitutes Sexual Assault in Texas?

 Posted on December 05, 2023 in Criminal Defense

Sexual assault is a serious crime in Texas that can have devastating physical, emotional, and psychological effects on the victim. In Texas, the law defines sexual assault and establishes the boundaries of consent. If you are facing sexual assault charges, do yourself a favor and hire a criminal defense lawyer. They will look to poke holes in the prosecution’s case against you while also ensuring that your rights remain protected throughout the criminal process.

How is Sexual Assault Defined in Texas?

Texas defines sexual assault as any non-consensual sexual act committed against another person. The law recognizes that consent must be voluntary, informed, and given without coercion or force. Sexual assault can involve various acts, including but not limited to:

• Non-consensual sexual intercourse (rape)
• Forced oral or anal sex
• Unwanted touching or groping
• Sexual contact with a minor
• Sexual penetration without consent

Consent and Lack of Consent

Consent is a crucial element in determining whether a sexual act is consensual or constitutes sexual assault. Texas law states that consent must be given by a person who is capable of providing consent, meaning they are of legal age and mentally competent. Consent cannot be obtained through force, threats, intimidation, or manipulation.

Please note that certain circumstances automatically negate the ability to give consent, such as when the victim is unconscious, asleep, or incapacitated due to drugs or alcohol. Additionally, consent cannot be given if the victim is a minor under the age of consent, regardless of any perceived willingness.

Reporting and Penalties

Victims of sexual assault in Texas are encouraged to report the crime to law enforcement as soon as possible. The penalties for sexual assault in Texas vary depending on the specific circumstances, including the age of the alleged victim, the use of force, and the presence of any aggravating factors.

Sexual assault is most often classified as a felony offense, with penalties ranging from imprisonment to fines. The severity of the punishment increases if the alleged victim is a child, elderly, disabled, or if the alleged perpetrator has a prior criminal record.

Contact a Marble Falls, TX, Sex Crimes Defense Attorney

Ultimately, sexual assault is a grave crime that violates a person’s autonomy and dignity. Understanding what constitutes sexual assault under Texas law is essential for promoting awareness and preventing such acts from occurring in the first place. If you have found yourself in the unfortunate position of being charged with sexual assault, you must do everything in your power to avoid a conviction. This starts with contacting a Llano County, TX, sex crimes defense lawyer with Law Office of Russ Alan Baker, PLLC. Call 325-216-2006 for a private consultation.